HomeMy WebLinkAbout1970-10-28 311-X ORDER311-X
Introduced by Councilor Brountae, Oct. 28, 1970
CITY OF BANGOR
(TRL6) (ffirbrri_.. Approving Proposed contract for. sate of Land in the Stillwater
160
Park Urban Renewal Project Parcel Nos. 10, 11, 12, 13, 19, 20, 20A, 156, 157 &
By the City Cowutl of W ate of MAW:
ORDERED,
THAT WHEREAS, the Urban Renewed Authority of the City of BangelrS.Tr&poiem
to enter into a contract for the sale of parcel numbered10, 11, 12, 13, 19, 20, 20A, 156,'
In the Stillwater Park Urban Renewal Project with Roland Marcotte & Howard Klein
d/b/a Indev Associates and Associates
WHERINS, the said Roland Marrotte & Howard Rleind/b/a Indev
has offered to pay the am of.5oweL Uboruand RLght Handred Dolla0.00)
for said parcels , said price being the minister approved price for said parcel a
as established by. the Urban Renewal Authority and approved by the Department of
housing and Urban Development; and
wUHRRAS under the provisions of Chapter 168 of the Private and
Special Laws of Heine, 1957, as amended, City Council approval of all contracts
for the sale of land within the project area is required; and
WHEREAS, the Urban Renewal Authority has filed a copy of the
proposed contract wttletoland Marcotte & in the office of the City Clark;
Now, TNBRBPORE, BE IT ORDERED: ward Klein d/b/a Indev Associates
THAT the proposed contract on file with the City Clerk be AM
is hereby approved.
311-X
1P0 OCT 22 IN 3.16 ORDER
CITY C! EU, E C -ICE Tide.
.. ..�;F
$ale, o£,.pO In stllivatec Park VR Project
........0. ..........
IN CITY COUNCIL Parcel Nos. 10,11,12,13.19.20,20A, 156,
Cct. 28. 1970 ......................................
Consider next meeting. 157 and 160
Intends ®d filed by
ImY CCENN
IN couNC IL .. ...:'..1
Nov. 9, 1970 - Cmmcilna�
Definitely postponed.
LO C
STILLWATER PAM PROJECT
PROJECT NO. ME. R-4
PART I
of
CONTRACT FOR
EAL6 OF LAND FOR PRIVATE REDEVELDMETUP
(OFFER AND ACCEPTANCE)
By and Between
_ urban Renewal Authoel[V Of the Cicy of Bangor
and
Roland Marcotte 6 Howard Klein d/b/a
IndeV associates
PART I
CON[PNTS
Section
Page
1.
Sale: Purchase Price
y
I.
Conveyance of Property
p
J.
Good Faith Deposit
5
4.
Time for Commencement and Completion of Improvements
4
5.
Time for Certain Other Actions
4
6.
Period of Duration of Governor on Use
4
].
Notices and Demands
5
S.
Special Provisions
5
9.
Modifications of Part SI
5
10.
Counterparts
5
CONTRACT POR
841E OF LAND POR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this Part T and Part II (Poem M-63093, 1.64)
entered hereto and Mede a part hereof (which Part I and Pert II are together
hereinafter railed "Agreement"), made on or as of the 28th day of
September , 19 7Q by and between the Urban Renewal Authority f
the City of Bangor, a Public body corporate (which, together with
any ewe
tosser public body or Officer hereafter designated
by of pursuant to lag to
hereinafter called "Agency"), established pursuant to Chapter 168 of the Private
and Special "we of the State of Maine, 1957, as amended (hereinafter called
"Urban Renevml Act") and having its office at City Moll In the City of gangue
(hereinafter called "City"), State of Maine, and the Roland Marcotte 6
Howard Rle in d/b/ d p b
hereinafter celled "Redeveloper") and having an office for the transaction
of business at 800 Center Street
In the City of Auburn
County of Androscoggin
and State of Maine
--�_,, wtTMessETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Mt, the
Agency has undertaken a Program for the clearance and reconstruction o
r rer
habilitation of slum and blighted areas in the City, and in this connection
Is engaged in carrying out an urbanrenavel project knownas the "Stillwater
inafterPark Area)
bcalled "Prof act "aLocatedeIn theCity;alland
t iv an area (here -
WHEREAS, the Agency has offered to sell and the Redeveloper is willing
to purchase certain real property located In the Project Area and more partic-
ularly described in Schedule A annexed hereto and made a pare hereof (which
Property ae so described is hereinafter celled "Property") and to redevelop
the Property for and to accordance with the u specified It the Declaration
e
Of Restrictions recorded in Penobscot Registry of Deeds, Book 2113, Page 835
and in accordance with the agreement' and
WHEREAS, the Agency believes that the redevelopment of the Property pue-
awnt to the Agreement, and the fulfillment generally of the Agreement, are in
the vital and beat interests of the City aM the health. safety, morals, and
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welfare of its residents, and in accord with the public purposes and
applicable Federal, State and local laws and re-
provisions
Bpxovieions of the
quirements under which the Project has been undertaken and is being
assisted:
NOWTHEREFORE, in consideration of the premises and the mutual
obligations of the parties hereto, each of them does hereby covenant
and agree with the other as follows:
SEC. 1 SALE: PURCHASE PRICE.
Subject to all the terms, covenants, and conditions of the
Agreement, the Agency will sell the Property to the Redeveloper for,
and the Redeveloper will purchase the Property from the Agency and
pay therefor, the amount of Seven Thousand, Eight Hundred Dollars
($7, BOO. 00), hereinafter called "Purchase Brice", to le paid i
cash or by certified check simultaneously with the delivery ofthe
deed conveying the Property to the Redeveloper.
SEC. 2. CONVEYANCE OF PROPERTY.
(a) Form of Deed. The Agency shall convey to the Redeveloper
title to t e Property by separate Warranty Deeds (hereinafter called
,,Deed-,). Such conveyance and title shall, i addition to the condi-
and toother
tion subsegaeprovided dfor restrictions
nsectionsJO[4£orth £r referredl to else -
conditions, covenantsai£ any, set forth
where in the Agreement. be subject to the terms,
on said Schedule A. attached hereto.
(b) Time and Place for Delivery of Deed The to thAgencyRedoshall
don
e -
Lon of the Property
October 27, 19110, or one such earlier data s the parties hereto may
mutually agree in writing. Conveyance shall be made at the princi-
pal office of the Agencyandthe Redvel
timee ndhplaceall ctheaPurchaeesuch n
veyance and pay to the A sucha
Price. a current
(c) A Ic t'onment of Current Taxes. The portion of the c ent
razes, if any, on the Property which are a lien on the date of de-
er
impixoYof ementsewhich have beenddemolishedallocable
orc abmoved fromto theProperty and e
by the Agency shall be borne by the Agency, and the portion of such
current taxes allocable to the land shall be apportioned between the
Agency and the Redeveloper as of the date of the delivery of the Deed.
ain-
If the amount of the current taxes. on the ProthetAgency is and the
o such date, the apportionment between the A Gently of the most r d-
veloper shall be on the basis of the a Dunt a
certa finable taxes on the Property, butmsuch apportionments shall be
subject to final adjustment within thirty (as days after the dace
d.
the actual amount of such current taxes is aar shall pr
(d) Recordation of Deed. The RedeveglopeY shall promptly file the
Deed for iecox anon in the Penobscot Registry of Deeds at Bangor,
Maine. The Redeveloper shall pay all coats (including the
coat of
the Federal documentary stamp tax On the Deed, Per)
the proper amount shall be affixed to the Dead by the Redevelo
for so recording the Deed.
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(e) See D usher oblt¢atlono of the Agency and the Redeveloper.
Schedule A.
SEC. 3. CODE FAITH DEPOSIT.
(a) Amount, The Redeveloper has, prior to or simultaneously with the
execution of the Agreement by the Agency, delivered to the Agency a good faith
deposit of cash ora certified check satisfactory to the Agency in the amount
of 0 Hundred and ----------rein- hereinafter
"Deposit", Dollars
for th 00 ), onseof the
celled "Deposit", a security
for the performance rmnce of the Deposition he bee Redeveloper to De performed
prior en the return of the Deposit totheRedevetopeq or fu retention by
the Agency as , as
the
damages, or its applicataccordance
with
on graunt me the
Deposit, if cas as Cce c may be,check*
Ina obe dap with tin an accountnt. The
Agency i if bank or rust£com any se acted be deposited in an account of the
Agency in a bank or CxueL company selected by it.
(b) Interest. The Agency shall be under no obligation to pay o
interest on the Deposit, but if interest is payable thereon such interest
rt
when received by the Agency shall be promptly paid to the Redeverl oyer.
(c) Application to Purchase Price. Upon written request of the
Redeveloper, the amount of the Deposit, made In cash or by certified check,
scall be applied on account of the Purchase Price at the time payment of the
Purchase Price is made.
(d) Retention by Agency. Upon termination of the Agreement as provided
in Section 703 hereof, the Deposit, if cash, or bonds or similar obligations of
the United States, including all interest payable thereon after such
termination, or, if a surety bond, she proceeds thereof, shall be retained
by the Agency as provided In Section 703 hereof.
(e) Return to Redeveloper. Upon termination of the Agreement as
provided in Section 702 hereof, the Deposit shall be returned to the Redeveloper
by the Agency as provided in Section 702 hereof. If the Agreement shall not
have been terminated as in Section 702 or 703 hereof provided, she Agency
shall return the Deposit to the Redeveloper open receipt by the Agency of
the following:
(t) A copy of the commitment or commitments obtained by the
Redeveloper for the mortgage loan or loans to tsepal in
financing the c e
construction of the Improvements defined
In Section 301 hereof), certified by the Codeveloper to be a
true and Correct copy or copies thereof:
(if) Evidence satisfactory to the Agency that the interim mortgage
loan to assist In financing the construction of the improvements
has been initially closed;
(iii) A copy of the contract between the Redeveloper and the general
contractor for the construction of the Impr ovemen[s, certified
by the Redeveloper to be a true and correct copy thereof; and
(iv) A copy of the contract bond provided by the general contractor
to comectton with the aforesaid construction contract which
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bond shall be in a penal sum equal tO not leas than ten
percent (107.) of the contract price under said construction
contract, certified by the Redeveloper to be a true and
correct copy thereof.
SCC. 4.. TONS MR COHNENCENEST AM CMPL.ETION OF IMPgW@iRN'i'S,
The construction of the Improvements referred to in Section 301 hereof
shall be commenced in any event within cin (6) months after the date of the
Deed, and, except as otherwise provided In the Agreement, shall be completed
within eighteen (18) months after such Deed date.
SEC. 5. TINA FOR CERTAIN OTHER ACTIONS.
(a) Tlme for Submieelon of Cone true tt m Plane. The time within which
the Redeveloper she submit Ica "Construe t ion Plans" (as defLred in Section
301 hereof) to the Agency In any event, pursuant to Section 301 hereof, shell
be no later than one hundred twenty (120) days from the dace of this Agreement.
(b) Time for Submle a ton of Connected Construction1 Except as
provided In Paragraph (c) of this Section 5, the time within which the -
Redeveloper shall submit any new
rcorrect" Construction Plane as provided
for in Section 301 hereof shall henotlater than sixty (60) days after the
date the Redeveloper receives written notice from the Agency of the Agency's
rejection of the Construction Plane referred to in the latest such notice.
(c) Positional Time for Approved Construction P1 In any event, the
time within which the Redeveloper shall submit Construction Plane which conform
to the requirements of Section 301 hereof and are approved by the Agency shall
be not later than ninety (90) days after the date the Redeveloper
receives written notice from the Agency of the Agency's first rejection of
the original Construction Plans submitted to it by the Redeveloper.
d) rime for A¢am Action a h e L The time
withinwhich the Agency may reject any change to the Coaetructfan Plane, as
provided in Section 302 hereof, shall be forty-five (45) days after the date
Of the Agency's receipt of notice of such change.
(e) T(s for Submissionf Evidence of Equity Capital and Hortgage
Financing. The time within which the Redeveloper shall submit to the Agency,
in any avent. evidence as to equity capital and any Camnicment necessary for
mortgage as provided in Section 303 hereof, shall be not Later than
'( 10 ) days after the date of written notice to the
Redeyv e tapervper of approval of the Construction Plans by the Agency or, If the
Construction Plane shalt be deemed to have been approved as provided in Section
301 hereof, after the expiration of thirty (30) days following the date of
receipt by the Agency of the Construction Plane ea deemed approved.
SEC. 6. PERIOD OF WRATICN OF C6p8RANT ON USE.
pertainingThe movement
401 hereof. shall remiineffecto t p
from the date of they Deed tuntil hJanuaryt22,
2022, the period specified or referred to in the Declaration of Restrictions
Or anal Ouch Mro thereafter to which it may beextended by proper Amendment of
the Declaration of Restrictions, on which date, as the case may be, such
covenant shall terminate.
SEC. ). NOTICES AND DEMANDS.
A notice, deemed, orother communication under the Agreement by either
party to the other shall be sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid, return receipt
requested, or delivered personally, and
(i) in the case
of the Redeveloper, in addressed to or delivered
personally to the Redeveloper at 800 Center Street
(III in the case of the Agency, is addressed to or delivered
pereotully to the Agency or City Hall, Danger, MaLM
Or at such other address with respect to either seen party
s that party may, from time to time, designate In writing
and forward to the other as provided in this Section.
SEC. 8. SPECIAL PROVISIONS
Redeveloper shall have the right to assign their rights inand to
this contract to such person or persons a may be approved by the
Federal Housing Administration and the Department Of Housing and
Urban Development. Agency shall provide an up to date abstract to
Redeveloper within a reasonable time from the date hereof on each lot.
Three of the units shall include a carport of a design to be approved,
together with other construction plans, by the Authority.
SEC. 9. MODIFICATION OP PART II.
The following emndments and modifications are hereby made in the terms,
covenants, and conditions forming Part II hereof -
None.
SEC. 10. COIMTMARTS.
The Agreement is executed In three (3) counterparts, each of which shall
Constitute one and the seem instrument.
IN WITNESS WHEREOF, the Agency has c,.,ad the Agreement to be duly
executed in its Mm and behalf by its Executive Director
and Its seat to be hereunto duly affixed and
attested by Its Secretary , and the
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Redeveloper has caused the Agreement to be duly esecuted in its nems and behalf
by Its President and its corporate seal to be hereunto duly affixed and
attested by Its Secretary, on or as of the day first above vs itten.
TNOEr/✓Ygi S
(RedevveLoelop
B
✓fL
Attest: Jy/j
(Secretary
In City Council Council Order No.
Jute
Attest:
Attest:
(Secretary)
A True Copy, Attest:
-6-
(City Clerk)
(ASency)
SCHEDULE A
Description of Property
All that certain parcel or parcels of land located in the City of Bangor, County
of Penobscot, State of Maine, more particularly described as follows:
Lots numbered 10, 11, 12, 13, 19, 20, 20A, 156, 157 and 160, as
shown on Plan Of Land entitled "Stillwater Park Project, Bangor,
Penobscot County, Maine, Urban Renewal Authority of the City of
Bangor, Project, Me. R-4" consisting of (9) pages and r orded
in Penobscot Registry of Deeds in Plan Book 24, Pages 1-9
inclusive.
Subject to the following covenants, restrictions and easements:
(if none, so state)
Declaration of ReStrictions for Stillwater Park Project, recorded
in Penobscot Registry of Deeds, Vol. 2113, Page 535.
further Obligations of the Agency and the Redeveloper:
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